New South Wales Consolidated Acts

NSW TRUSTEE AND GUARDIAN ACT 2009 - SECT 23

23 Intestacy where no letters of administration

(cf PT Act, s 18 (1A))

(1) The NSW Trustee is, on application, entitled as of right to a grant of administration of the estate of a person who died intestate leaving property in New South Wales if--

(a) letters of administration of the deceased person's estate have not been granted, or

(b) letters of administration of the estate granted to a person other than the NSW Trustee are revoked, or

(c) a person granted letters of administration of the estate dies without completing administration of the estate.

(2) The NSW Trustee is not required to provide, and the Supreme Court may not require the provision of, any citation or consent before administration of the estate of the deceased person is granted.

(3) However, if the NSW Trustee and any other person severally apply for the administration of the deceased person's estate, the Supreme Court may grant administration of the estate to the NSW Trustee or other person, as the Court thinks fit.